Opinion
2022 CW 0019
04-08-2022
EBONY BROWN v. BERKSHIRE HATHAWAY HOMESTATE INSURANCE [sic] COMPANY, ARTHUR WEATHERSPOON D/B/A WEATHERSPOON TRUCKING, DANIEL JOHNSON, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY {IN ITS CAPACITY AS UNINSURED/UNDERINSURED MOTORIST CARRIER)
Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a Weatherspoon Trucking, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 666793.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
PMc
JEW
Theriot, J., concurs in part and dissents in part.
I would grant the writ in part and deny the portion of plaintiff's motion in limine as to evidence regarding plaintiff's attorney's referral of plaintiff to her treating physicans. See Talbot v. Elec. Ins. Co., 2017-299-SDD-EWD (M.D. La. Nov. 16, 2018), 2018 WL 8224789; Gunn v. Robertson, 2001-347 (La. App. 5th Cir. 11/14/01), 801 So.2d 555, 566, writs denied, 2002-0170, 2002-0176 (La. 3/22/02), 811 So.2d 942.